DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081438P.pdf 02/02/2009 Alfonso Davenport v. Univ. of AR Bd. of Trustees
U.S. Court of Appeals Case No: 08-1438
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Benton, Author, with Melloy, Circuit Judge, and
Magnuson, District Judge]
Civil case - civil rights. District court did not err in granting
university's motion for summary judgment on plaintiff's claim that the
university retaliated against him for exercising his First Amendment
rights when it hired another candidate for a vacant position; while
plaintiff's comments in 1999 were protected speech, there was no
evidence to show that the protected speech was a substantial or
motivating factor in the decision to select another candidate for the
position; the other speech plaintiff identified was not protected speech
because it was given in his capacity as an employee.